Michael Wood delivered the welcome message.
2 Apologies
At the close of the agenda no apologies had been received.
3 Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from
decision making when a conflict arises between their role as a member and any
private or other external interest they might have.
4 Confirmation of Minutes
There
were no minutes to confirm.
5 Leave of Absence
At the close of
the agenda no requests for leave of absence had been received.
6 Acknowledgements
At the close of the agenda no requests for acknowledgements had been
received.
7 Petitions
At the close of the agenda no requests to present petitions had been
received.
8 Deputations
Standing
Order 3.20 provides for deputations. Those applying for deputations are
required to give seven working days notice of subject matter and applications
are approved by the Chairperson of the Puketāpapa Local Board Alcohol Ban
Review Panel. This means that details relating to deputations can be included
in the published agenda. Total speaking time per deputation is ten minutes or
as resolved by the meeting.
At the close
of the agenda no requests for deputations had been received.
9 Public Forum
A period of
time (approximately 30 minutes) is set aside for members of the public to address
the meeting on matters within its delegated authority. A maximum of 3 minutes
per item is allowed, following which there may be questions from members.
At the close of the agenda no requests for public forum had been
received.
10 Extraordinary Business
Section 46A(7) of the Local Government Official Information and
Meetings Act 1987 (as amended) states:
“An item that is not on the agenda for a meeting may be dealt with
at that meeting if-
(a) The local authority by resolution so
decides; and
(b) The presiding member explains at the
meeting, at a time when it is open to the public,-
(i) The reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item
cannot be delayed until a subsequent meeting.”
Section 46A(7A) of the Local Government Official Information and
Meetings Act 1987 (as amended) states:
“Where an item is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting
if-
(i) That item is a minor matter relating to
the general business of the local authority; and
(ii) the presiding member explains at the
beginning of the meeting, at a time when it is open to the public, that the
item will be discussed at the meeting; but
(b) no resolution, decision or recommendation
may be made in respect of that item except to refer that item to a subsequent
meeting of the local authority for further discussion.”
11 Notices of Motion
At the close of the agenda no requests for notices of motion had
been received.
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Puketāpapa
Local Board Alcohol Ban Review Panel
12 August 2015
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Hearing and deliverations report for the
Puketāpapa Local Board alcohol ban review 2015
File No.: CP2015/16101
Purpose
1. To
support the hearing panel with the hearing and deliberation process for the
local board alcohol ban review.
Executive
Summary
2. The Puketāpapa Local Board at its business meeting on 28 May 2015 adopted
for public engagement a proposal to retain 25 alcohol bans and
allow 56 to lapse unless further evidence was supplied.
3. The public
engagement period opened on 19 June and closed 17 July 2015. A total of 43
submitters gave evidence for 66 alcohol ban areas. Forty-three submitters gave
general feedback not specific to a current alcohol ban area. A total of 14
submitters indicated they wish to be heard.
4. The Puketāpapa Local Board appointed a hearing panel, member
Wood (as chair), and members Doig, Kumar and local board chair person Fairey to receive, hear and deliberate on submissions and other relevant
information and make recommendations to the local board.
5. The report
summarises the matters raised in submissions and provides staff comments where
appropriate to support the panel during the hearing and deliberation process.
6. The hearing
panel will first hear from submitters who wish to be heard in support of their
submission, and then deliberate on the matters raised in the submissions
received. To conclude the process, the hearing panel will adopt a decision
report detailing the panel’s recommendations to the Puketāpapa Local Board.
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Recommendation/s
That the Puketāpapa Local
Board Alcohol Ban Review Panel:
a) in
relation to the proposed Puketāpapa Local Board Alcohol
Ban Review
i) receive
this summary of submissions report
ii) receive
the submissions
b) hear the
submitters who wish to be heard in support of their submission.
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Background
7. The Puketāpapa Local Board at its business meeting on 28 May 2015, adopted for public engagement (PKTPP/2015/92) a proposal to:
· retain 25 existing alcohol bans
· lapse 56 existing alcohol bans unless sufficient evidence is
provided through the public submission process.
8. The public engagement period
opened on 19 June and closed 17 July 2015.
9. The proposed changes were
notified as follows:
· a
public notice in the New Zealand Herald
· on
the Auckland Council website
· in
the June and July local editions of Our Auckland.
10. Additional communication and
engagement activities were undertaken as follows:
· a
flyer drop to all households in the local board area
· through
social media, including Facebook, and Neighbourly
· email to local board stakeholders
· notification to the Puketāpapa Youth Caucus.
· a range of local face-to-face engagement opportunities led by the
Puketāpapa Local Board
11. All supporting documents were
made available on council’s website and through local libraries and service
centres.
12. A total of 43
submitters gave evidence for 66 alcohol ban areas. Forty-three submitters gave
general feedback not specific to a current alcohol ban area.
13. A total of 14 submitters
indicated they wish to be heard. Copies of the submissions received are
attached to the agenda.
Hearing and deliberation process
14. The
Puketāpapa Local Board appointed a hearing panel, Member Wood (as chair), and members Doig, Kumar and local board
chairperson Fairey to receive, hear and deliberate on
submissions and other relevant information and make recommendations to the
local board (resolution number PKTPP/2015/92).
15. Hearings provide an opportunity for submitters to speak in support
of their submission and for members of the hearing panel to ask questions to
better understand the views of the submitters.
16. In conducting hearings and making decisions, the hearings panel must
consider a range of statutory and bylaw requirements, summarised in Attachment
D.
The most important requirements outlined in the bylaw are:
· evidence that the alcohol
ban area has experienced a high level of crime or disorder that can be shown to
have been caused or made worse by alcohol consumption in the area
· that the alcohol ban is
appropriate and proportionate in the light of the evidence and can be justified
as a reasonable limitation on people's rights and freedoms
· consideration of
community-focused solutions as an alternative to or to complement an alcohol
ban
· consideration of the views
of owners, occupiers, or persons that council has reason to believe are
representative of the interests of owners or occupiers, of premises within the area to which the alcohol ban will apply
· consideration to using one
of the following times for consistency:
§ 24 hours, 7 days a week (at all times
alcohol ban);
§ 7pm to 7am daily (evening alcohol ban)
§ 10pm to 7am daylight saving and 7pm to 7am
outside daylight saving (night time alcohol ban)
§ 7pm on the day before to 7am on the day
after any weekend, public holiday or Christmas/New Year holiday period (weekend
and holiday alcohol ban).
17. Following the
hearings, the panel will deliberate and confirm its recommendations to the
local board in a decision report. The local board will decide whether or not to
accept the panel’s recommendations. The report is scheduled to be presented to
the local board at the 24 September 2015 business meeting.
Submissions
18. The
submission form asked submitters to provide evidence of alcohol-related crime
or disorder in an alcohol ban area, the frequency and time the issues were
being experienced.
19. Forty-three submitters
gave evidence for 66 alcohol ban areas. All evidence received has been
analysed and summarised for each alcohol ban area in Attachment B.
20. No further evidence was received
for 15 current alcohol ban areas as shown in Attachment B.
21. Submissions
received that are general in nature or outside the scope of the proposal are
summarised and addressed in Attachment C. Attachment C also outlines any
additional information received which is not evidence specific to an alcohol
ban area
Attachments
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No.
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Title
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Page
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aView
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Submissions received (Under Separate Cover)
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bView
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Summary of submissions on current alcohol ban areas
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13
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cView
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Summary of other matters raised in submissions
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25
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dView
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Decision-making criteria
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27
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Signatories
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Authors
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Daniel Pouwels - Principal Policy Analyst
Kylie Hill - Policy Analyst
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Authorisers
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Paul Wilson - Team Leader Bylaws
Victoria Villaraza - Relationship Manager
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